

[Federal Register: January 2, 2008 (Volume 73, Number 1)]
[Rules and Regulations]               
[Page 32-38]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ja08-7]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 700, 730, 740, 743, 744, 745, 746, 748, 750, 752, 754, 
and 774

[Docket No. 071011588-7712-02]
RIN 0694-AE15

 
Revisions and Technical Corrections to the Export Administration 
Regulations and the Defense Priorities and Allocations System 
Regulation

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule amends the Export Administration Regulations (EAR) 
by making the following changes: Removing the post office box address 
for the Bureau of Industry and Security (BIS), updating the contact 
information for the San Jose field office, reinserting missing 
footnotes in sections describing License Exceptions, removing certain 
non-Country Group D countries from Country Group D, correcting 
formatting in the supplement listing items subject to the military end-
use license requirement for the People's Republic of China (PRC), 
correcting the Code of Federal Regulations legal authority citation for 
part 745 of the EAR, removing a reference to Libya under embargoed 
destinations, adding fax information for submitting a request for 
approval to submit applications electronically, clarifying the 
requirements for obtaining an Import Certificate or an End-User 
Statement, changing Validated End-User report requirements, amending 
the contact information for the Ministry of Commerce of the PRC, making 
a technical correction to shipping tolerances, and removing references 
to certain entries on the Commerce Control List. In addition, this rule 
amends the Defense Priorities and Allocations System (DPAS) Regulation 
by updating an office name and by removing a reference to a form.

DATE: This rule is effective January 2, 2008.

ADDRESSES: Although this is a final rule, comments are welcome and 
should be sent to publiccomments@bis.doc.gov, fax (202) 482-3355, or to 
Regulatory Policy Division, Bureau of Industry and Security, Room 
H2705, U.S. Department of Commerce, Washington, DC 20230. Please refer 
to regulatory identification number (RIN) 0694-AE15 in all comments, 
and in the subject line of email comments. Comments on the collection 
of information should be sent to David Rostker, Office of Management 
and Budget (OMB), by e-mail to David_Rostker@omb.eop.gov, or by fax to 
(202) 395-7285.

FOR FURTHER INFORMATION CONTACT: For questions related to amendments to 
the Export Administration Regulations, contact Steven Emme, Regulatory 
Policy Division, Bureau of Industry and Security, telephone: (202) 482-
2440, e-mail: semme@bis.doc.gov. For questions related to amendments to 
the Defense Priorities and Allocations System Regulation, contact Liam 
McMenamin, Office of Strategic Industries and Economic Security, Bureau 
of Industry and Security, telephone: (202) 482-2233.

SUPPLEMENTARY INFORMATION: This rule makes the following corrections to 
the Export Administration Regulations:

Address Changes--Removal of P.O. Box Address for BIS in Washington, DC 
and Change in Location for BIS San Jose Field Office

    BIS will no longer accept materials sent to post office box 273 in 
Washington, DC. In lieu of P.O. Box 273, materials may be sent via 
courier to Room 2705, 14th Street and Pennsylvania Ave., NW., 
Washington, DC 20230. To reflect this update, this rule removes 
references to P.O. Box 273 in parts 730, 740, 743, 748, 752, 754, and 
774 and replaces those references with Room 2705, where applicable.
    Furthermore, this rule updates the address, phone number, and fax 
number for the San Jose field office in Sec. Sec.  730.8 (how to 
proceed and where to get help) and 748.2 (obtaining forms; mailing 
addresses).

Part 740--Reinsertion of Footnotes

    On March 25, 1996, BIS (then the Bureau of Export Administration, 
or BXA) published an interim rule (61 FR 12714) which rewrote and 
reorganized the Export Administration Regulations. The rewrite created 
part 740 for license exceptions, which included Sec.  740.4 for 
temporary imports, exports and reexports (TMP) and Sec.  740.7 for gift 
parcels and humanitarian donations (GFT). On December 4, 1996, BIS 
published a subsequent revision (61 FR 64272) to the EAR that 
redesignated TMP as Sec.  740.8 and GFT as Sec.  740.11. When TMP and 
GFT were redesignated, one footnote to paragraph (b)(1)(iv) in TMP (now 
Sec.  740.9(b)(1)(iv)) and one footnote to paragraph (a)(1) in GFT (now 
Sec.  740.12(a)(1)) were inadvertently omitted. This rule reinserts the 
footnote by ``Commerce Form 7513'' in Sec.  740.9(b)(1)(iv) and the 
footnote by ``gift parcel'' in Sec.  740.12(a)(1)).

Part 740--Removal of Certain Countries from Country Group D

    Country Group D, as found in Supplement No. 1 to part 740, contains 
countries listed as countries of concern due to national security, 
nuclear, chemical and biological, and/or missile technology reasons. An 
``x'' in a particular column indicates the reason(s) that applies to a 
particular country. On August 5, 1997, BIS (then BXA) published a final 
rule (62 FR 42047) which removed the ``x'' in the D:2 column for 
Algeria, Andorra, Comoros, Djibouti, Micronesia, and Vanuatu, to 
reflect their status as signatories of the Nuclear Non-Proliferation 
Treaty. As a result of that rule, those six countries did not have an 
``x'' in any of the columns in Country Group D. However, the rule did 
not remove those countries' names from the list of countries in that 
country group. Therefore, this rule removes references to those six 
countries from Country Group D.

[[Page 33]]

Part 744--Formatting Corrections

    On June 19, 2007, BIS published a revision and clarification of 
export and reexport controls for the People's Republic of China (PRC). 
In that final rule, certain changes to part 744 did not format 
correctly. Specifically, paragraph (1)(ii) of Supplement No. 2 
contained measurements that appeared in the Federal Register as 
``3.18x106m'' and ``7.62x104m'' and paragraphs (3) and (5) of 
Supplement No. 2 contained mislabeled sub-paragraph numbers. This rule 
corrects those measurements to read ``3.18 x 10\6\ m'' and ``7.62 x 
10\4\ m'' respectively, and it renumbers the sub-paragraphs of 
paragraphs (3) and (5).

Part 745--Legal Authorities Correction

    On November 30, 2007, BIS published a final rule (72 FR 67636) 
updating the statements of legal authority for the EAR. This rule makes 
a correction to the authority for part 745 by removing ``Notice of 
October 27, 2006, 71 FR 64109 (October 31, 2006)'' and adding ``Notice 
of November 8, 2007, 72 FR 63963 (November 13, 2007)'' in its place. 
This correction makes no changes to the text of the EAR.

Part 746--Removal of Libya Reference and Revision to Iran Provisions

    Section 746.1(a)(1) currently reads ``most other items * * * 
designated * * * `EAR99', require a license to Cuba or Libya.'' On 
August 31, 2006, BIS published an interim final rule (71 FR 51714) that 
amended the EAR to allow EAR99 items to be exported or reexported to 
Libya without a license, subject to the end-user and end-use controls 
in part 744 of the EAR. As a result, this rule removes ``Libya'' from 
the second sentence of Sec.  746.1(a)(1).

Part 748--Requesting Approval Via Fax to Submit Applications 
Electronically

    Section 748.7(a) describes the authorization procedures by which an 
applicant may request approval to apply electronically for a license or 
classification request. Currently, Sec.  748.7(a)(1) only allows 
submission of written requests for approval to submit applications and 
requests electronically to certain addresses listed in Sec.  748.2(c). 
This rule amends Sec.  748.7(a)(1) to include submission of written 
requests via fax, which will conform to actual practice.

Part 748--Clarification of Import Certificate and End-User Statement 
Requirements

    On June 19, 2007, BIS published a final rule (72 FR 33646) that 
changed the requirements for submitting either an Import Certificate or 
an End-User Statement. This rule amends Sec. Sec.  748.10(a) and 
748.10(b) to clarify the applicability of the $50,000 threshold. For 
exports to countries listed in Sec.  748.9(b)(2), an Import Certificate 
is required for commodities controlled for national security (NS) 
reasons for transactions valued over $50,000. For exports to the PRC, 
an End-User Statement is required for transactions exceeding $50,000 
involving most commodities that require a license to the PRC for any 
reason. Exceptions to the $50,000 threshold for certain exports to the 
PRC have been consolidated into new Sec.  748.10(b)(3). This rule does 
not add any additional requirements for Import Certificates or End-User 
Statements; it only reorganizes the existing provisions to enhance 
clarity.
    Furthermore, this rule corrects Sec.  748.10(b)(4) to remove 
``software'' from the first sentence. As noted in Sec.  748.9(a)(7), 
support documents are not required for license applications involving 
the export or reexport of software or technology. On September 22, 
1998, BIS published an interim rule (63 FR 50516) which clarified ``a 
long-standing policy that no support documentation is required for 
exports of technology or software.'' That rule removed references to 
the exports of technology or software to certain destinations in Sec.  
748.10(b)(1) but did not remove the reference to software in Sec.  
748.10(b)(4).

Part 748--Changes to Validated End-User (VEU) Reporting Requirements 
and to the Contact Information for the Ministry of Commerce of the PRC

    This final rule amends Sec.  748.15(f)(1)(i) to no longer require 
exporters to submit the reports required under that section for VEUs 
because BIS already has access to that information. However, 
reexporters must continue to submit the annual reports as required by 
that section. Also, this final rule updates the contact information for 
the Ministry of Commerce, Department of Mechanic, Electronic and High 
Technology Industries of the PRC in Supplement No. 4 to part 748.

Part 750--Technical Correction to Shipping Tolerances

    According to Sec.  750.11(b)(1), items licensed by dollar value 
have no shipping tolerance in that one may not ship more than the total 
dollar value that is stated on the license. To determine if an item is 
license by dollar value, one may look to the ``Unit'' paragraph in the 
ECCN entry of the item. However, paragraph (b)(1) shows ``Sec.  value'' 
as the appropriate indicator in the ``Unit'' paragraph to designate 
whether the item is licensed by dollar value. This rule changes ``Sec.  
value'' to the appropriate designation of dollar value, which is ``$ 
value''.

Part 774--Citation Corrections in ECCNs 2B999, 9E001, and 9E002

    Export Control Classification Number (ECCN) 2B999 lists multiple 
ECCNs under Related Controls. ECCNs listed under Related Controls are 
cross-references to similar items that readers of the EAR need to be 
aware of when determining the proper classification of their item. One 
such ECCN listed under Related Controls in ECCN 2B999 is ECCN 1B109. 
However, ECCN 1B109 does not exist on the Commerce Control List. This 
rule corrects that citation by replacing that ECCN with 2B109.
    Moreover, the headings of ECCNs 9E001 and 9E002 reference ECCN 
9A001.c, which does not exist. On July 15, 2005, BIS published a final 
rule (70 FR 41094) that redesignated ECCN 9A001.c as ECCN 9A001.b. In 
order to reflect that change, this rule removes the references to 
``9A001.c'' in ECCNs 9E001 and 9E002 and replaces those references with 
``9A001.b.''

In addition, this rule makes the following correction to the Defense 
Priorities and Allocations System (DPAS) Regulation:

Part 700--Defense Priorities and Allocations System (DPAS) Technical 
Correction

    This rule changes the name ``Office of Clearance and Support,'' 
referenced in Sec.  700.21(a), to ``Office of Electricity Delivery and 
Energy Reliability'' to reflect the Department of Energy office 
currently assigned with the responsibility for reviewing applications 
for priority rating authority for projects believed to maximize 
domestic energy supplies. Also, this rule removes an erroneous 
reference in Sec.  700.21(a) to DOE Form PR 437. The Department of 
Energy no longer uses DOE Form PR 437.
    Although the Export Administration Act expired on August 20, 2001, 
the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 
2001 Comp., p. 783 (2002), as extended by the Notice of August 15, 
2007, 72 FR 46137 (August 16, 2007), has continued the Export 
Administration Regulations in effect under the International Emergency 
Economic Powers Act.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for 
purposes of E.O. 12866.

[[Page 34]]

    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.) (PRA), unless that collection of information displays a currently 
valid Office of Management and Budget (OMB) Control Number. This rule 
involves a collection of information subject to the requirements of the 
PRA. This collection has previously been approved by OMB under control 
number 0694-0088 (Multi-Purpose Application), which carries a burden 
hour estimate of 58 minutes to prepare and submit form BIS-748. 
Miscellaneous and recordkeeping activities account for 12 minutes per 
submission. BIS expects that this rule will not change that burden hour 
estimate.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under E.O. 13132.
    4. BIS finds that there is good cause under 5 U.S.C. 553(b)(B) to 
waive the provisions of the Administrative Procedure Act requiring 
prior notice and the opportunity for public comment for all provisions 
except those amendments to part 748 of the EAR related to VEU reporting 
requirements because it is unnecessary. These revisions are 
administrative in nature and do not affect the rights and obligations 
of the public. Because these revisions are not substantive changes to 
the EAR and to the DPAS, it is unnecessary to provide notice and 
opportunity for public comment. In addition, the 30-day delay in 
effectiveness required by 5 U.S.C. 553(d) is not applicable because 
this rule is not a substantive rule. No other law requires that notice 
of proposed rulemaking and an opportunity for public comment be given 
for this rule.
    BIS finds that there is good cause under 5 U.S.C. 553(b)(B) to 
waive the provisions of the Administrative Procedure Act requiring 
notice and the opportunity for public comment on the provision that 
amends Part 748 of the EAR related to VEU reporting requirements 
because it is unnecessary and contrary to the public interest. This 
rule amends the EAR to no longer require exporters to submit the 
reports required under Sec.  748.15(f)(1)(i) for VEUs because BIS 
already requires the submission of that same information, and has 
access to that information, through other means. In order to eliminate 
any redundancy in the collection of this information, BIS amends its 
regulations to eliminate the submission of these reports. In addition, 
the 30-day delay in effectiveness required by 5 U.S.C. 553(d) is waived 
for good cause because the delay is contrary to the public interest. As 
stated above, BIS already requires the submission of information 
contained in the reports required under Sec.  748.15(f)(1)(i) for VEUs, 
and has access to that information, through other means. In order to 
eliminate any redundancy in the collection of this information, BIS 
amends its regulations to eliminate the submission of these reports. No 
other law requires that notice of proposed rulemaking and an 
opportunity for public comment be given for this rule.
    Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule under the 
Administrative Procedure Act or by any other law, the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. Therefore, this regulation is issued in final form. 
Although there is no formal comment period, public comments on this 
regulation are welcome on a continuing basis. Comments should be 
submitted to Steven Emme, Regulatory Policy Division, Bureau of 
Industry and Security, Department of Commerce, Room 2705, 14th Street 
and Pennsylvania Ave., NW., Washington, DC 20230.

List of Subjects

15 CFR Part 700

    Administrative practice and procedure, Business and industry, 
Government contracts, National defense, Reporting and recordkeeping 
requirements, Strategic and critical materials.

15 CFR Parts 740, 748, and 750

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.

15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

15 CFR Part 745

    Administrative practice and procedure, Chemicals, Exports, Foreign 
trade, Reporting and recordkeeping requirements.

15 CFR Parts 746 and 774

    Exports, Reporting and recordkeeping requirements.

0
Accordingly, part 700 of the Defense Priorities and Allocations System 
Regulation (15 CFR part 700) and parts 730, 740, 743, 744, 745, 746, 
748, 750, 752, 754, and 774 of the Export Administration Regulations 
(15 CFR parts 730-774) are amended as follows:

PART 700--[AMENDED]

0
1. The authority citation for 15 CFR part 700 continues to read as 
follows:

    Authority: Titles I and VII of the Defense Production Act of 
1950, as amended (50 U.S.C. App. 2061, et seq.), Title VI of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5195, et seq.), Executive Order 12919, 59 FR 29525, 3 CFR, 
1994 Comp. 901, and Executive Order 13286, 68 FR 10619, 3 CFR, 2003 
Comp. 166; section 18 of the Selective Service Act of 1948 (50 
U.S.C. App. 468), 10 U.S.C. 2538, 50 U.S.C. 82, and Executive Order 
12742, 56 FR 1079, 3 CFR, 1991 Comp. 309; and Executive Order 12656, 
53 FR 226, 3 CFR, 1988 Comp. 585.

0
2. Section 700.21 is amended by revising paragraph (a) to read as 
follows:


Sec.  700.21  Application for priority rating authority.

    (a) For projects believed to maximize domestic energy supplies, a 
person may request priority rating authority for scarce, critical, and 
essential supplies of materials, equipment, and services (related to 
the production of materials or equipment, or the installation, repair, 
or maintenance of equipment) by submitting a request to the Department 
of Energy. Further information may be obtained from the U.S. Department 
of Energy, Office of Electricity Delivery and Energy Reliability, 1000 
Independence Avenue, SW., Washington, DC 20585.
* * * * *

PART 730--[AMENDED]

0
3. The authority citation for 15 CFR part 730 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151 
note; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 
185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. 
app. 466c; 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; 
E.O. 11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 114; E.O. 12002, 42 
FR 35623, 3 CFR, 1977 Comp., p.133; E.O. 12058, 43 FR 20947, 3 CFR, 
1978 Comp., p. 179; E.O. 12214, 45 FR 29783, 3 CFR, 1980 Comp., p. 
256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12854, 
58 FR 36587, 3 CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR 28205, 3 
CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., 
p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 
12981, 60 FR 62981, 3 CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR 
54079, 3 CFR, 1996 Comp. p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3

[[Page 35]]

CFR, 1998 Comp., p.208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., 
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; E.O. 
13338, 69 FR 26751, May 13, 2004; Notice of August 15, 2007, 72 FR 
46137 (August 16, 2007); Notice of November 8, 2007, 72 FR 63963 
(November 13, 2007).


0
4. Section 730.8 is amended by revising the third location entry at the 
end of paragraph (c) for the ``U.S. Export Assistance Center'' to read 
as follows:


Sec.  730.8  How to proceed and where to get help.

* * * * *
    (c) * * *
    U.S. Export Assistance Center, Bureau of Industry and Security, 160 
W. Santa Clara Street, Suite 725, San Jose, California 95113, Tel: 
(408) 998-8805 or (408) 998-8806, Fax: (408) 998-8677.

0
5. Supplement No. 2 to part 730--Technical Advisory Committees, is 
amended by revising the first sentence of paragraph (b)(1) to read as 
follows:

Supplement No. 2 to Part 730--Technical Advisory Committees

* * * * *
    (b) * * *
    (1) Form and substance of requests. Each request for the 
appointment of a TAC shall be submitted in writing via courier to: 
Room 2705, 14th Street and Pennsylvania Ave., NW., Washington, DC 
20230. * * *
* * * * *

PART 734--[AMENDED]

0
6. The authority citation for 15 CFR part 734 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 
FR 54079, 3 CFR, 1996 Comp. p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; Notice of August 15, 2007, 72 FR 46137 (August 16, 2007); 
Notice of November 8, 2007, 72 FR 63963 (November 13, 2007).

0
7. Supplement No. 1 to part 734 is amended by revising the last 
sentence in the second paragraph of the ``Answer'' to ``Question D(3)'' 
of Section D: Research, Correspondence, and Informal Scientific 
Exchanges, to read as follows:

Supplement No. 1 to Part 734--Questions and Answers--Technology and 
Software Subject to the EAR

* * * * *
    Section D: Research, Correspondence, and Informal Scientific 
Exchanges
* * * * *
    Question D(3): * * *
    Answer: * * * Send written communications, via courier, to: 
Department of Commerce, Bureau of Industry and Security, Room 2705, 
14th Street and Pennsylvania Ave., NW., Washington, DC 20230.
* * * * *

PART 740--[AMENDED]

0
8. The authority citation for 15 CFR part 740 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., 
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 
of August 15, 2007, 72 FR 46137 (August 16, 2007).


0
9. Section 740.9(b)(1)(iv) is amended:
0
a. By revising the last two sentences as set forth below; and
0
b. By adding footnote 1, to read as follows:


Sec.  740.9  Temporary imports, exports, and reexports (TMP).

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (ii) * * *
    (iii) * * *
    (iv) * * * The commodity or software description, quantity, 
ultimate consignee, country of ultimate destination, and all other 
pertinent details of the shipment must be the same on a required Form 
B-13, as on Commerce Form 7513,\1\ or when Form 7513 is not required, 
must be the same as on Customs Form 7512. When there is a material 
difference, a corrected Form B-13 authorizing the shipment is required.
---------------------------------------------------------------------------

    \1\ The complete names of these forms are: Commerce Form 7513, 
``Shipper's Export Declaration for Intransit Goods''; Customs Form 
7512, ``Transportation Entry and Manifest of Goods Subject to 
Customs Inspection and Permit''.
---------------------------------------------------------------------------

0
10. Section 740.12(a)(1) is amended:
0
a. By revising the last sentence as set forth below; and
0
b. By adding footnote 2 to read as follows:


Sec.  740.12  Gift parcels and humanitarian donations (GFT).

* * * * *
    (a) * * *
    (1) * * * However, payment by the donee of any handling charges or 
of any fees levied by the importing country (e.g., import duties, 
taxes, etc.) is not considered to be a cost to the donee for purposes 
of this definition of ``gift parcel.'' \2\
---------------------------------------------------------------------------

    \2\ Many foreign countries permit the entry, duty-free, of gift 
parcels that conform to regulations regarding contents and marking. 
To secure this advantage, the sender should show the words ``U.S.A. 
Gift Parcel'' on the addressee side of the package and on any 
required customs declarations. Information regarding the foreign 
postal regulations is available at local post offices. Senders of 
gift parcels who wish information regarding import duties of a 
foreign country should contact the nearest Commercial Office, 
Consulate or Embassy of the country concerned.
---------------------------------------------------------------------------


Sec.  740.13  [Amended]

0
11. Section 740.13(d)(1) is amended by redesignating footnote ``1'' as 
footnote ``3''.


Sec.  740.15  [Amended]

0
12. Section 740.15(c)(1) is amended by redesignating footnote ``6'' as 
footnote ``4'', and Sec.  740.15(c)(2) is amended by redesignating 
footnote ``7'' as footnote ``5''.

Supplement No. 1 to Part 740 [Amended]

0
13. Supplement No. 1 to Part 740--Country Groups is amended by removing 
the rows labeled ``Algeria'', ``Andorra'', ``Comoros'', ``Djibouti'', 
``Micronesia'', and ``Vanuatu'' in the table titled ``Country Group 
D''.

PART 743--[AMENDED]

0
14. The authority citation for 15 CFR part 743 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq; Pub. L. 106-508; 50 
U.S.C. 1701 et seq; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; Notice of August 15, 2007, 72 FR 46137 (August 16, 2007).


0
15. Section 743.1 is amended by revising paragraph (g)(1) to read as 
follows:


Sec.  743.1  Wassenaar Arrangement.

* * * * *
    (g) * * *
    (1) Two (2) copies of reports required under this section shall be 
delivered via courier to: Bureau of Industry and Security, U.S. 
Department of Commerce, Attn: ``Wassenaar Reports'', Room 2705, 14th 
Street and Pennsylvania Ave., NW., Washington, DC 20230. BIS will not 
accept reports sent C.O.D.
* * * * *

0
16. Section 743.2 is amended by revising paragraph (d) to read as 
follows:


Sec.  743.2  High performance computers: Post shipment verification 
reporting.

* * * * *
    (d) Address. A copy of the post-shipment report(s) required under 
paragraph (b) of this section shall be delivered, via courier, to: U.S. 
Department of Commerce, Office of Enforcement Analysis, HPC Team, 14th 
Street and Constitution Ave., NW., Room 4065, Washington, DC 20230. 
Note that BIS will not accept reports sent C.O.D.

[[Page 36]]

PART 744--[AMENDED]

0
17. The authority citation for 15 CFR part 740 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; 
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 
CFR, 2001 Comp., p. 786; Notice of August 15, 2007, 72 FR 46137 
(August 16, 2007); Notice of November 8, 2007, 72 FR 63963 (November 
13, 2007).


0
18. Paragraph (1)(ii) of Supplement No. 2 to part 744 is amended:
0
a. By removing the term ``3.18 x 106m'' and adding ``3.18 x 
106m'' in its place; and
0
b. By removing the term ``7.62 x 104m'' and adding ``7.62 x 
104m'' in its place.
0
c. By redesignating paragraph (3)(iii) as paragraph (3)(ii);
0
d. By redesignating paragraph (3)(ii) as paragraph (3)(iii);
0
e. By removing the word ``that'' in newly designated paragraph (3)(iii) 
and adding the word ``than'' in its place;
0
f. By adding a quotation mark immediately after the word ``production'' 
in paragraph (5)(ii); and
0
g. By redesignating paragraph (5)(v) as paragraph (5)(iii).

PART 745--[AMENDED]

0
19. The authority citation for 15 CFR part 745 is revised to read as 
follows:

    Authority: 50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 
CFR, 1994 Comp., p. 950; Notice of November 8, 2007, 72 FR 63963 
(November 13, 2007).

PART 746--[AMENDED]

0
20. The authority citation for 15 CFR part 746 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C. 
6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR 
36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR, 
1994 Comp., p. 899; E.O. 13222, 3 CFR, 2001 Comp., p. 783; 
Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May 
16, 2003; Presidential Determination 2007-7 of December 7, 2006, 72 
FR 1899 (January 16, 2007); Notice of August 15, 2007, 72 FR 46137 
(August 16, 2007).


Sec.  746.1  [Amended]

0
21. Section 746.1 is amended by removing the words ``or Libya'' from 
the second sentence of paragraph (a)(1).

PART 748--[AMENDED]

0
22. The authority citation for 15 CFR part 748 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 15, 2007, 72 
FR 46137 (August 16, 2007).


0
23. Section 748.2 is amended by:
0
a. Revising the third location entry in paragraph (a) for the ``U.S. 
Export Assistance Center,''; and
0
b. Revising paragraph (c).
    The revisions read as follows:


Sec.  748.2  Obtaining forms; mailing addresses.

    (a) * * * U.S. Export Assistance Center, Bureau of Industry and 
Security, 160 W. Santa Clara Street, Suite 725, San Jose, CA 95113, 
Tel: (408) 998-8805 or (408) 998-8806, Fax: (408) 998-8677.
* * * * *
    (c) To submit your application using an overnight courier, use the 
following address: Bureau of Industry and Security, U.S. Department of 
Commerce, 14th Street and Pennsylvania Ave. NW., Room 2705, Washington, 
DC 20044, Attn: ``Application Enclosed''. BIS will not accept 
applications sent C.O.D.

0
24. Section 748.7 is amended by revising the first sentence of 
paragraph (a)(1) to read as follows:


Sec.  748.7  Applying electronically for a license or classification 
request.

    (a) * * * (1) Requesting approval to submit applications 
electronically. To submit applications electronically, your company 
must submit a written request to BIS. Written requests may be faxed to 
(202) 219-9179 or (202) 219-9182 (Washington, DC), faxed to (949) 660-
9347 (Newport Beach, CA), or submitted to one of the addresses 
identified in Sec.  748.2(c) of this part. * * *
* * * * *

0
25. Section 748.10 is amended:
0
a. By revising the fourth and fifth sentences and adding a new sixth 
sentence to paragraph (a) as set forth below; and
0
b. By revising paragraph (b), to read as follows:


Sec.  748.10  Import Certificates and End-User Statements.

    (a) Scope. * * * This section describes exceptions and 
relationships for both Import Certificates and End-User Statements, and 
generally applies only to transactions exceeding $50,000. In the case 
of countries identified in Sec.  748.9(b)(2) of this part (excluding 
the People's Republic of China (PRC)), Import Certificates are required 
for national security controlled items in transactions exceeding 
$50,000. In the case of the PRC, End-User Statements are required for 
transactions exceeding $50,000 involving all items that require a 
license to the PRC for any reason. However, this $50,000 threshold is 
lower for certain exports to the PRC (see paragraph (b)(3) of this 
section).
    (b) Import Certificate or End-User Statement. Unless your 
transaction meets one of the exemptions stated in Sec.  748.9(a) of 
this part, an Import Certificate or End-User Statement must be 
obtained, if:
    (1) Any commodities on your license application are controlled for 
national security (NS) reasons (except for items controlled under ECCNs 
5A002 or 5B002), or any commodities to the PRC on your license 
application are controlled for any reason;
    (2) The ultimate destination is a country listed in Sec.  
748.9(b)(2) of this part; and
    (3) Your license application involves the export of commodities 
classified in a single entry on the CCL, and your ultimate consignee is 
in any destination listed in Sec.  748.9(b)(2), and the total value of 
your transaction exceeds $50,000. Note that the $50,000 transaction 
threshold does not apply to certain exports to the PRC. If your 
transaction involves an export to the PRC of a computer that requires a 
license for any reason, an End-User Statement is required regardless of 
dollar value. Also, if your transaction involves an export to the PRC 
of an item classified under ECCN 6A003 that requires a license for any 
reason, an End-User Statement is required for transactions exceeding 
$5000.
    (i) Your license application may list several separate CCL entries. 
If any individual entry including an item that is controlled for 
national security reasons exceeds $50,000, then an Import Certificate 
must be obtained covering all items controlled for national security 
reasons on your license application. If the total value of entries on a 
license application that require a license to the PRC for any reason 
listed on the CCL exceeds $50,000, then a PRC End-User Statement 
covering all such controlled items that require a license to the PRC on 
your license application must be obtained;
    (ii) If your license application involves a lesser transaction that 
is part of a larger order for items controlled for national security 
reasons (or, for the PRC, for any reason) in a single ECCN exceeding 
$50,000, an Import Certificate, or a PRC End-User

[[Page 37]]

Statement, as appropriate, must be obtained.
    (iii) You may be specifically requested by BIS to obtain an Import 
Certificate for a transaction valued under $50,000. You also may be 
specifically requested by BIS to obtain an End-User Statement for a 
transaction valued under $50,000 or for a transaction that requires a 
license to the PRC for reasons in the EAR other than those listed in 
the CCL.

0
26. Section 748.15 is amended:
0
a. By revising the last two sentences of paragraph (a)(1) as set forth 
below;
0
b. By removing the phrase ``Exporters and reexporters'' at the 
beginning of the first sentence of paragraph (f)(1)(i) introductory 
text and adding ``Reexporters'' in its place;
0
c. By removing the phrase ``exported or'' in paragraph (f)(1)(i)(A); 
and
0
d. By removing the phrase ``exported or'' in paragraph (f)(1)(i)(B).


Sec.  748.15  Authorization Validated End-User (VEU).

* * * * *
    (a) * * *
    (1) * * * Submit the request to: The Office of Exporter Services, 
Bureau of Industry and Security, U.S. Department of Commerce, 14th 
Street and Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230. 
Mark the package ``Request for Authorization Validated End-User.''
* * * * *

0
27. Supplement No. 4 to part 748 is amended by revising the ``IC/DV 
authorities'' column entry for ``China, People's Republic of'' to read 
as follows:

Supplement No. 4 to Part 748--Authorities Administering Import 
Certificate/Delivery Verification (IC/DV) and End-User Statement 
Systems in Foreign Countries

------------------------------------------------------------------------
                                                            System
            Country               IC/DV authorities      administered
------------------------------------------------------------------------

                              * * * * * * *
China, People's Republic of....  Ministry of          PRC, End-User
                                  Commerce;            Statement
                                  Department of
                                  Mechanic,
                                  Electronic and
                                  High Technology
                                  Industries; Export
                                  Control Division
                                  I; Chang An Jie
                                  No. 2; Beijing
                                  100731 China;
                                  Phone: (86)(10)
                                  6519 7366 or 6519
                                  7390; Fax:
                                  (86)(10) 6519
                                  7543; http://cys.mofcom.gov.cn/
.

------------------------------------------------------------------------

* * * * *

0
28. Supplement No. 5 to part 748 is amended by revising paragraph 
(a)(2)(i) to read as follows:

Supplement No. 5 to Part 748--U.S. Import Certificate and Delivery 
Verification Procedure

* * * * *
    (a) * * *
    (2) * * *
    (i) By courier to the Bureau of Industry and Security, Room 
2705, 14th Street and Pennsylvania Ave., NW., Washington, DC 20230, 
Attn: Import Certificate Request; or
* * * * *

PART 750--[AMENDED]

0
29. The authority citation for 15 CFR part 750 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
Sec 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 13026, 61 FR 58767, 3 
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., 
p. 783; Presidential Determination 2003-23 of May 7, 2003, 68 FR 
26459, May 16, 2003; Notice of August 15, 2007, 72 FR 46137 (August 
16, 2007).


Sec.  750.11  [Amended]

0
30. Section 750.11(b)(1) is amended by removing the phrase ``Sec.  
value'' at both places where it appears and adding the term ``$ value'' 
in its places.

PART 752--[AMENDED]

0
31. The authority citation for 15 CFR part 752 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp. p. 219; E.O. 13222, 66 FR 
44025, 3 CFR, 2001 Comp., p. 783; Notice of August 15, 2007, 72 FR 
46137 (August 16, 2007).


0
32. Section 752.17 is revised to read as follows:


Sec.  752.17  BIS address.

    You should use the following address when submitting to BIS 
applications, reports, documentation, or other requests required in 
this part 752, via courier: Bureau of Industry and Security, U.S. 
Department of Commerce, 14th and Pennsylvania Ave., NW., Room 2705, 
Washington, DC 20230, ``Attn: Special Licensing and Compliance 
Division''. You may also reach the Special Licensing and Compliance 
Division by phone at (202) 482-0062 or by fax at (202) 501-6750.

PART 754--[AMENDED]

0
33. The authority citation for 15 CFR part 754 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 30 U.S.C. 185(s), 185(u); 42 
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; E.O. 11912, 41 FR 
15825, 3 CFR, 1976 Comp., p. 114; E.O. 13222, 66 FR 44025, 3 CFR, 
2001 Comp., p. 783; Notice of August 15, 2007, 72 FR 46137 (August 
16, 2007).


0
34. Section 754.2 is amended:
0
a. By revising paragraph (g)(1) as set forth below;
0
b. By removing the term ``License Exceptions TAPS'' in the first 
sentence of paragraph (j)(2) and adding ``License Exception TAPS'' in 
its place; and
0
c. By revising the second sentence of paragraph (j)(2) as set forth 
below:


Sec.  754.2  Crude oil.

* * * * *
    (g) * * *
    (1) Applicants must submit their applications, via courier, on Form 
BIS-748 to the following address: Office of Exporter Services, ATTN: 
Short Supply Program--Petroleum, Bureau of Industry and Security, U.S. 
Department of Commerce, 14th and Pennsylvania Ave., NW., Room 2705, 
Washington, DC 20230.
* * * * *
    (j) * * *
    (2) * * * The SED or AES record shall be sent, via courier, to the 
following address: Director, Deemed Exports and Electronics Division, 
Office of National Security and Technology Transfer Controls, Bureau of 
Industry and Security, U.S. Department of Commerce, 14th and 
Pennsylvania Ave., NW., Room 2705, Washington, DC 20230.
* * * * *

0
35. Section 754.6 is amended by revising paragraph (c) to read as 
follows:


Sec.  754.6  Registration of U.S. agricultural commodities for 
exemption from short supply limitations on export.

* * * * *
    (c) Address. Submit applications pursuant to the provisions of 
section 7(g) of the EAA, via courier, to: Bureau of Industry and 
Security, U.S.

[[Page 38]]

Department of Commerce, 14th and Pennsylvania Ave., NW., Room 2705, 
Washington, DC 20230.

0
36. Section 754.7 is amended by revising paragraph (d) to read as 
follows:


Sec.  754.7  Petitions for the imposition of monitoring or controls on 
recyclable metallic materials; Public hearings.

* * * * *
    (d) Address. Submit petitions pursuant to section 7(c) of the EAA, 
via courier, to: Bureau of Industry and Security, U.S. Department of 
Commerce, 14th and Pennsylvania Ave., NW., Room 2705, Washington, DC 
20230.

PART 774--[AMENDED]

0
37. The authority citation for 15 CFR part 774 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; 
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., 
p. 783; Notice of August 15, 2007, 72 FR 46137 (August 16, 2007).


0
38. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins'', 
Export Control Classification Number (ECCN) 1C350 is amended by 
revising the last sentence of paragraph 1.e. in the ``License 
Requirement Notes'' section to read as follows:

Supplement No. 1 to Part 744--The Commerce Control List

* * * * *

Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins''

* * * * *

1C350 Chemicals that may be used as precursors for toxic chemical 
agents.

* * * * *

License Requirement Notes

    1. * * *
    a. * * *
    b. * * *
    c. * * *
    d. * * *
    e. * * * The report must be sent, via courier, to the U.S. 
Department of Commerce, Bureau of Industry and Security, 14th and 
Pennsylvania Ave., NW., Room 2705, Washington, DC 20230, Attn: 
``Report of Sample Shipments of Chemical Precursors''.


0
39. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B999 is amended by revising the ``Related Controls'' paragraph 
of the ``List of Items Controlled'' section to read as follows:

Supplement No. 1 to Part 744--The Commerce Control List

* * * * *

Category 2--Materials Processing

* * * * *

2B999 Specific processing equipment, n.e.s., as follows (see List of 
Items Controlled).

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: See also 0B001, 0B002, 0B004, 1B233, 2A293, 
2B001.f, 2B004, 2B009, 2B104, 2B109, 2B204, 2B209, 2B228, 2B229, 
2B231, 2B350.
* * * * *

0
40. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9E001 is amended by revising the Heading and ``License 
Requirements'' section to read as follows:

Supplement No. 1 to Part 744--The Commerce Control List

* * * * *

Category 9--Aerospace and Propulsion

* * * * *

9E001 ``Technology according to the General Technology Note for the 
``development'' of equipment or ``software'' controlled by 9A001.b, 
9A004 to 9A012, 9B (except 9B990 or 9B991), or 9D (except 9D990 or 
9D991).

License Requirements

    Reason for Control: NS, MT, AT

------------------------------------------------------------------------
                Control(s)                          Country chart
------------------------------------------------------------------------
NS applies to ``technology'' for items      NS Column 1.
 controlled by 9A001.b, 9A012, 9B001 to
 9B010, 9D001 to 9D004 for NS reasons.
------------------------------------------------------------------------

    * * *
* * * * *

0
41. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9E002 is amended by revising the Heading to read as 
follows:

Supplement No. 1 to Part 744--The Commerce Control List

* * * * *

Category 9--Aerospace and Propulsion

* * * * *

9E002 ``Technology'' according to the General Technology Note for the 
``production'' of equipment controlled by 9A001.b, 9A004 to 9A011 or 9B 
(except 9B990 or 9B991).

* * * * *

    Dated: December 21, 2007.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
 [FR Doc. E7-25423 Filed 12-31-07; 8:45 am]

BILLING CODE 3510-33-P
